NOTICE TO THE MAYOR AND WARD COUNCILLORS. An ordinary meeting of the Council of the City of Prospect will be held in the Civic Centre, 128 Prospect Road, Prospect on Tuesday 25 October 2005 at 7.30 pm AGENDA 1. OPENING 1.1 Acknowledgment of the Kaurna people as the traditional custodians of the land 1.2 Council Prayer 2. ON LEAVE – Nil 3. APOLOGIES – Nil 4. CONFIRMATION OF THE MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD ON TUESDAY 27 SEPTEMBER 2005 5. MAYOR’S REPORT (Pages 262-263) 6. VERBAL REPORTS FROM COUNCIL REPRESENTATIVES ON LOCAL GOVERNMENT OR COMMUNITY ORGANISATIONS 7. QUESTIONS WITH NOTICE – Nil 8. QUESTIONS WITHOUT NOTICE 9. PETITIONS – Nil 10. DEPUTATIONS – Nil 11. MOTIONS ON NOTICE – Nil 12. PROTOCOL The Council has adopted the protocol that only those items on Committee reports reserved by members will be debated and the recommendations of all other items will be adopted without further discussion. 13. REPORT OF THE ENVIRONMENT & PLANNING COMMITTEE MEETING HELD ON TUESDAY 11 OCTOBER 2005. (Page 264) 14. REPORT OF THE FINANCE & ADMINISTRATION COMMITTEE MEETING HELD ON TUESDAY 18 OCTOBER 2005. (Pages 265-266) 15. REPORT OF THE INFRASTRUCTURE COMMITTEE MEETING HELD ON TUESDAY 18 OCTOBER 2005. (Page 267) H:\Agendas\Council\25 Oct 05.doc 16. CHIEF EXECUTIVE OFFICER’S REPORTS 16.1 Affordable Housing Presentation (Page 268) 16.2 PLEC – Project Issues (Pages 269-272, Recommendation on page 271) 17. COUNCIL DIARY 17.1 Event: Date: Venue: Riccordi – An exhibition of photographs and paintings 6 – 27 November 2005 Prospect Gallery 18. INFORMATION BULLETIN (Page 273) 19. GENERAL BUSINESS Council has resolved that an Agenda Item “General Business” be included on Council and Committee Agendas to enable members to raise matters of a minor nature for action by the Administration, or to call for reports. 20. GENERAL BUSINESS – URGENT MATTERS Council has resolved that an Agenda Item “General Business – Urgent Matters” be included on Council and Committee Agendas for members to raise matters of a genuinely urgent nature, is not a change to Council Policy and can not wait until the next Council or Committee meeting recognising that the leave of meeting will be required for each item on each occasion. 21. CONFIDENTIAL ITEMS 21.1 Order to Exclude (Page 274) 21.2 Confidential Report of the Infrastructure Committee 18 October 2005 154-160 Prospect Road (Page 275) 21.3 Order to Exclude (Page 276) 21.4 Confidential Report – Supported Residential Facility (Pages 277 - 279, Recommendation on pages 278-279 ) 22. CLOSURE RAY PINCOMBE CHIEF EXECUTIVE OFFICER 21 October 2005 H:\Agendas\Council\25 Oct 05.doc 262 ITEM NO.: 5 TO: Council Meeting on 25 October 2005 FROM: Mayor Kristina Barnett SUBJECT: Monthly Report 1. ON AGENDA MEETINGS Wednesday 5th Weekly meeting with Chief Executive Officer & Executive Assistant Thursday 6th & 7th LGA SA Annual Conference, AGM and LGFA AGM and Special meeting of LGA State Executive to elect vice-presidents. Mayor Barnett and CEO chaired session meetings and the CEO was speaker (LGMA Fostering Emerging Leaders). The theme for this year's conference was Showcasing Local Government with information about the innovative practices, projects and policies that Councils are continuously improving. Prospect Council joined with its colleague councils of the Office of the Eastregion to present a combined display which was impressive. I attended the following sessions: Keynote Address - Legislating Financial Governance (Mr Athol Stephens, General Manager Finance and Corporate Services, from Dunedin City Council, New Zealand); Indigenous Agreements; Adelaide Hills - Rates and Budget Consultation; Yankalilla Council - Rates Modelling to distribute the Rating Load; Naracoorte - Affordable Housing; Playford Partnerships; SA Strategic Plan (Jeff Tryens, Executive Director, SA Strategic Plan Community Consultation); Achieving the Social Agenda through the State Government (Monsignor David Cappo, Chairperson, Social Inclusion Unit); Emergency risk Management (bushfires); Eastern Metro Councils - Sharing Rates Administration Tasks; Link Network (Clare & Gilbert Valleys/Barossa/Light Regional) - Co-operation for Regional Connections; Alexandrina - Organisational Review; LGMA - Fostering Emerging Leaders. Tuesday 11th Tuesday 11th Thursday 11th Thursday 13th Thursday 13th Thursday 20th Friday 21st Tuesday 25th Wednesday 26th Wednesday 26th Thursday 27th Friday 28th Council members can view Conference Powerpoint displays at http://www.lga.sa.gov.au/site/page.cfm What’s Hot. Council’s Innovation Group breakfast meeting, Simply Salubrious, Prospect Road with CEO and Cr Amamoo. Council Environment & Planning Committee Weekly meeting with Chief Executive Officer & Executive Assistant Weekly meeting with Chief Executive Officer & Executive Assistant Eastern Health Authority Board meeting with Cr Newall. Weekly meeting with Chief Executive Officer & Executive Assistant Meeting with State Member for Adelaide, Dr Lomax-Smith and CEO. Council meeting Australian Local Government Women’s Association (SA Branch) inaugural meeting, Prospect Civic Centre. Prospect Fair stallholders’ welcome to meeting Weekly meeting with Chief Executive Officer & Executive Assistant LGA SA Research & Development Advisory C’tee workshop H:\Reports\Council\2005\25 Oct 05 - Mayor's Report.doc City of Prospect 263 2. ACTIVITIES Sunday 2nd Wednesday 5th Friday 7th Wednesday 12th Wednesday 12th Wednesday 19th Thursday 20th Saturday Sunday 23rd Sunday 30th Sunday 30th 3. o o o o o Prospect Gallery exhibition opening ALGWA dinner and meeting organised by ALGWA National President about starting up an SA branch. Mayor Barnett agreed to be the interim Public Officer and contact person. There are 19 financial members to date. Prospect Council was represented by Mayor Barnett, Crs Byford, Betterman, Karahalios; staff -Kerry Loughhead and Ginnie Moon and guests, Ann Short and former Crs Mussared and Grieg. Town of Walkerville 150 year celebration dinner dance. Presented winners with gold, silver & bronze medals at the Prospect Petanque Club venue for the 10th Australian Masters Games. Prospect History Group second meeting. Grand Opening of Colour Bar Hair & Body Shop, Northpark Shopping Centre. Conduct private Citizenship Ceremony. 22nd United Nations Day Celebration , Prospect Baha’i Community, Prospect Town Hall Welcome for United Nations 60th Anniversary function by UNAA (SA), Prospect Town Hall. Procession parade with Mayor Rich, Town of Walkerville to Walkerville Fair Taste of West Africa opening speech, Prospect Town Hall. OTHER Various letters, phone calls, emails Mayor’s Report View LGA SA website for circulars etc. Internet information research Complete notes for State Government Cabinet presentation I’d be grateful if an Elected Member would move my report. KRISTINA BARNETT MAYOR H:\Reports\Council\2005\25 Oct 05 - Mayor's Report.doc City of Prospect 264 ITEM NO.: 13 ON AGENDA TO: Council on 25 October 2005 FROM: Environment & Planning Committee SUBJECT: Report of the Committee Meeting on 11 October 2005 FILE NO.: 19/1 The following recommendations of the Committee are submitted for adoption Item No. 10.1: Telecommunications Legal Proceedings – Request for Additional Support (1) That Council inform the City of Mitcham that the City of Prospect will continue to support their defence of the telecommunications infrastructure decision as determined by the Supreme Court by agreeing to indemnify The City of Mitcham up to a level of $8,537.00 in the event that the matter is lost and costs are awarded to Hutchison 3G. (2) That this support be provided to the City of Mitcham on the basis that the City of Prospect not be made a party to the case between The City of Mitcham and Hutchison 3G. General Business (1) That a report be prepared on the appropriateness of rainwater tanks in urban developments. (2) That a report be prepared as to the legality of Council installing bollards on the western side of the pedestrian crossing to prevent the use of the driveway on the northern boundary of 154 Prospect Road until the pedestrian crossing is shifted. (3) That a report be prepared in respect of 154-160 Prospect Road of the development process on the building up to its current status. H:\Reports\Council\2005\25 Oct 05 - ep.doc City of Prospect 265 ITEM NO.: 14 ON AGENDA TO: Council on 25 October 2005 FROM: Finance & Administration Committee SUBJECT: Report of the Committee Meeting on 18 October 2005 The following recommendations of the Committee are submitted for adoption Item 10.1: (1) Financial Sustainability Review Board Final Report Council publicly supports the Financial Sustainability Review Board’s Report and acknowledges its contribution to creating more awareness of the infrastructure issue and financial pressures faced by councils. The Board’s focus on the use of debt as a viable funding strategy for infrastructure replacement is also noted and will be considered by Council more in the future. Item 10.2: File No: Discretionary Rebates of Rates for 2005/2006 Financial Year 4/12/4-4 (1) That Second Prospect Sea Scouts receive a discretionary rate rebate of 100% to the value of $939.22 for the land at 389 Regency Road, Prospect. (2) That First Gilberton Scouts receive a discretionary rate rebate of 100% to the value of $1,361.86 for the land at 3A Redmond Street, Collinswood. (3) That Anglicare SA receive a discretionary rate rebate of 75% to the value of $2,152.33 for the land at 1/24-26 Daphne Street, Prospect. (4) That Returned and Services League receive a discretionary rate rebate of 100% to the value of $613.37 for the land at 3/1 Menzies Crescent, Prospect. (5) That the Scouts Australia (SA Branch) receive a discretionary rate rebate of 100% to the value of $1,174.02 for the land at 68 Labrina Avenue, Prospect. (6) That these five discretionary rebates are granted approval to receive a rebate for a period of three years with the condition that they complete a declaration form annually, stating that the land use and the circumstances for which the approval was granted have not changed. (7) That the 2006/07 Rating Policy be changed to reflect Council’s decision to extend the life of a discretionary rebate approved to 3 years subject to applicant providing an annual declaration stating that the land use and the circumstances for which the approval was granted have not changed. H:\Reports\Council\2005\25 Oct 05 - fa.doc 266 Item 10.3: File No: (1) Appointment of Information Technology Advisory Working Party 4/4/4 That an Information Technology Advisory Working Party be appointed comprising:• • • Two Elected Members (Cr T Newall and Cr D Amamoo) General Manager Infrastructure & Corporate Services Information Technology Manager (2) That nominations be called for two elected members to serve on the Information Technology Advisory Working Party up to 30 November 2006. (3) The terms of reference for the Information Technology Advisory Working Party be:(a) To work with internal stakeholders to promote the use of Information Technology to facilitate achievement of Council’s Strategic Directions, Corporate Plan objectives and Business Process Improvements. (b) To review and monitor the strategic development of Information Technology and provide suggestions to the Information Technology Steering Committee on matters associated with new Information Technology initiatives. Item 10.4: (1) Council Media Sales – Income Generation Opportunity An agreement be entered into with Council Media Sales for the inclusion of advertising material with quarterly rate notices. Item 10.5: File No: Audited Financial Statements 2004/2005 4/14/5 (1) That the Audited Financial Statements for 2004/2005 be referred to Council for adoption at its meeting on 25 October 2005. (2) That the Mayor and Chief Executive Officer be authorised to sign the Audited Financial Statements for 2004/2005. Item 10.6: File No: (1) First Quarter Budget Review for 2005/06 4/14/5 That the budget adjustments in the First Budget Variation Report 2005/06 including variations to 30 September 2005 resulting in a projected budget surplus of $64,150, as shown in Attachment 1 of agenda item 10.6 to the Finance & Administration Committee on 18 October 2005, be approved. The favourable variance ($64,150) be appropriated to the Asset Replacement Reserve and the 2005/06 Budget be amended to incorporate these adjustments. Item 10.7: Monthly Financial Report for September 2005 (1) That the Monthly Financial Report for the month of September 2005 be received. (2) That it be noted that payments totalling $845,725.76 drawn on the General Fund, have been made. H:\Reports\Council\2005\25 Oct 05 - fa.doc 267 ITEM NO: 15 ON AGENDA TO: Council on 25 October 2005 FROM: Infrastructure Committee SUBJECT: Report of the Committee Meeting on 18 October 2005 FILE NO: 19/1 The following recommendations of the Committee are submitted for adoption: Item 10.1: File No: Prospect Road Painted Median 5/9-4 (1) That the Department of Transport, Energy and Infrastructure be asked to proceed with the installation of the painted median and bicycle lanes in Prospect Road. (2) That the Department of Transport, Energy and Infrastructure be advised that Council does not accept that 60km/h is an appropriate speed limit for Prospect Road between Fitzroy Terrace and Regency Road for the reasons set out in Council’s letter to the Chief Executive Officer, Department of Transport and Urban Planning, dated 05 May 2005 and requests the Road Safety Advisory Council be advised accordingly. General Business (1) That a report be provided on the condition of and future planning for the City’s Street Light Policy. H:\Reports\Council\2005\25 Oct 05 - is.doc 268 ITEM NO.: 16.1 ON AGENDA TO: Council Meeting on 25 October 2005 FROM: Chief Executive Officer SUBJECT: Affordable Housing Presentation 1. PURPOSE OF REPORT 1.1 To advise Elected Members there will be a short presentation on Affordable Housing at this Council meeting. 2. RELEVANCE TO STRATEGIC DIRECTIONS / POLICY 2.1 This presentation will have reference to Council’s vision for a friar and just community. 3. COMMUNITY INVOLVEMENT 3.1 No community consultation has been undertaken to date. 4. DISCUSSION 4.1 The presentation will be given by Ms Alice Lawson from the Affordable Housing Innovations Unit, Department for Family and Communities. 4.2 Ms Lawson is representing Minister Weatherill, who will be in Port Augusta next week and therefore unable to give the presentation himself. 4.3 The presentation will be for approximately 15 minutes followed by question time. 5. PREFERRED OPTION & JUSTIFICATION 5.1 Not applicable. 6. RECOMMENDATION 6.1 It is recommended: (1) That meeting procedures be suspended for 30 minutes to enable discussion on the Affordable Housing presentation. Ray Pincombe Chief Executive Officer H:\Reports\Council\2005\25 Oct 05 - affordable housing.doc City of Prospect 269 ITEM NO.: 16.2 ON AGENDA TO: Council Meeting on 25 October 2005 FROM: Chief Executive Officer SUBJECT: PLEC - Project Issues FILE NO.: 2/2/27-2 1. PURPOSE OF REPORT 1.1 To enable Elected Members to consider advice from Council Officers regarding various issues raised in regard to the reinstatement of the Prospect Road footpath as part of the PLEC Project. 2. RELEVANCE TO STRATEGIC DIRECTIONS / POLICY 2.1 Improvements to the safety and aesthetics of the area and also in contributing to a more coordinated approach to main road development. 3. COMMUNITY INVOLVEMENT 3.1 No community consultation has been undertaken. 4. DISCUSSION 4.1 Elected members have expressed concern about a number of issues regarding the reinstatement of the Prospect Road footpath with the PLEC scheme. 4.2 At the Infrastructure meeting a number of questions were raised regarding the quality of the reinstatement of the Prospect Road footpath as part of the PLEC project. This project currently in progress on Prospect Road between Marian Place/Gloucester Street and Fitzroy Terrace has meant significant reinstatement of the footpath on both sides of the road. 4.3 A meeting and inspection of the reinstatement was held on Prospect Road on Wednesday 19 October, 2005. The meeting involved representatives of the prime contractor (ETSA), the principal sub contractor (SEM Civil) and council (CEO & Infrastructure Assets Manager). 4.4 The following issues were considered 4.4.1 The quality of reinstatement 4.4.2 The variation in colour of new paving bricks to existing 4.4.3 The height and location of the lighting column bases 4.4.4 The Arts Path H:\Reports\Council\2005\25 Oct 05 - PLEC report.doc City of Prospect 270 4.5 Quality of work in reinstating the brick paving is poor and needs to be rectified. The prime contractor (ETSA) and the principal sub-contractor (SEM Civil) accept this and also accept that they have to do the required reinstatement. They are going to commence this work immediately. They will work with Council Officers in regard to the acceptability of each section of the re-work. 4.6 There are cuts through the pavers - some straight and some very crooked. As pavers are manufactured, the mould wears and the size of each paver increases; when the mould is new, the pavers will possibly match/fit in with the existing, but if it is old they will not fit in and it will be necessary to put a cut through these pavers every few metres to allow for the difference in the sizes. 4.7 The paving brick colours are different to the existing. Antique pavers are made up of pavers that are red with traces of black through the surface. Even though the colouring mixture is computer controlled it is still subject to considerable colour variation because the result depends on how the two colours fall together in the mixing process. (Sometimes the black is almost hidden and sometimes it hides the red). "Rocla" no longer makes the antique colour used in Prospect Road so "Tudor" pavers which are the same shape and a similar colour to the pre-weathered colour of the existing pavers are being used. The new pavers will weather with time and will blend with the existing pavers. 4.8 The introduced bricks have patches of different colours. Professional paving contractors know that the colours vary from pallet to pallet, and depending on the colour-mix, will mix the pavers from two or more pallets when laying to obtain a good blend of colours. 4.9 The lighting column bases are higher than the existing kerb (and in some cases, the adjacent footpath) DTEI (formerly Transport SA) asked for levels for the pole bases before the work started and Council (David Zilm, Infrastructure Assets Manager) subsequently supplied the required levels. Most of the existing kerbs are too low – in many locations they are between 50mm and 100mm high. The supplied levels are intended to match the eventual reconstructed top-of-kerb levels as best they could be estimated without detailed design work. (See sketches at Attachment 1). It would not have been in the best interest of the community to have put the bases at the present top-of-kerb levels and to have had to adjust these levels at a later date. This would be a very costly exercise in any situation but more so here because of the off-set design that has been used to mount the poles above very shallow underground drainage pipes. The paving is being ramped up to each concrete base to make it safe for pedestrians 4.10 The new streetlight columns are adjacent to the road whereas some of the streetlight columns north of Marian Place are adjacent to the property boundaries The poles north of Marian Place were possibly placed adjacent to the property boundaries because of the underground stormwater pipes in the footpath near the road. H:\Reports\Council\2005\25 Oct 05 - PLEC report.doc City of Prospect 271 4.11 The Disability Discrimination Act and various Australian Standards require that the building alignment be kept free of obstacles so that disadvantaged people can follow this alignment. Sight disabled people in particular are taught to do so (so are their guide dogs). It is also much easier for small wheeled vehicle users if they do not have to run the gauntlet of obstacles along the path. (We would not for-a-second consider putting such obstacles in a road). The new lighting columns are being placed at the back of the kerb so that they meet the above requirements. 4.12 The Arts Path. The Arts Path was removed prior to the commencement of the PLEC project and will be reinstated following the completion of the PLEC works. 4.13 ETSA as the prime contractor is managing the overall project and, as such, is responsible for the reinstatement of all works. One of the key outcomes of the discussion held on Wednesday was the agreement that the reinstatement of the works would, to the extent possible, be to the previous standard. (All work performed is in accord with the Powerline Environment Committee – Project Guidelines). 4.14 All parties were concerned that the issues outlined above had occurred and the aim was to set up a process to overcome such concerns. 4.15 While council does not have a direct role in this project, council officers will be involved in monitoring and approving reinstatement works. This will be done on a sectional basis to ensure the work is satisfactory to council. 4.16 Given the importance of this issue, further advice will be provided on a regular basis to Elected Members. 5. PREFERRED OPTION & JUSTIFICATION 5.1 That the information be received and noted. 6. RECOMMENDATION 6.1 It is recommended: (1) That the report be received and noted. Ray Pincombe Chief Executive Officer H:\Reports\Council\2005\25 Oct 05 - PLEC report.doc City of Prospect 272 At ta ch m en t Attachment 1 H:\Reports\Council\2005\25 Oct 05 - PLEC report.doc City of Prospect 273 ITEM NO.: 18 ON AGENDA TO: Council on 25 October 2005 FROM: Chief Executive Officer SUBJECT: Information Bulletin 1. PURPOSE OF REPORT 1.1 To receive the October 2005 Information Bulletin. 2. DISCUSSION 2.1 The Information Bulletin for October 2005 has been circulated as a separate document. 2.2 The Information Bulletin is for receipt and noting. 2.3 However, should Elected Members have any queries they are kindly requested to contact the author of the specific report prior to the Council meeting. 3. POLICY There is no relevant policy. 4. RECOMMENDATION It is recommended: (1) That the October 2005 Information Bulletin be received and noted. RAY PINCOMBE CHIEF EXECUTIVE OFFICER H:\Reports\Council\2005\25 Oct 05 - information bulletin.doc City of Prospect 274 ITEM NO.: 21.1 ON AGENDA TO: Council Meeting on 25 October 2005 FROM: General Manager Environment & Community Services SUBJECT: Order to Exclude Public It is recommended: (1) That under the provisions of section 90 (2) and (3)(h) & (i) of the Local Government Act, 1999, an order be made that the public with the exception of the Chief Executive Officer, General Manager Infrastructure & Corporate Services, General Manager Environment & Community Services and the Minute Secretary be excluded from attendance at the meeting in order to receive, discuss or consider in confidence: • legal advice; • information relating to actual litigation, or litigation that the council or council committee believes on reasonable grounds will take place, involving the council or an employee of the council. H:\Reports\Council\2005\25 Oct 05 - order to exclude Infra.doc City of Prospect 276 ITEM NO.: 21.3 ON AGENDA TO: Council Meeting on 25 October 2005 FROM: Chief Executive Officer SUBJECT: Order to Exclude Public It is recommended: (1) That under the provisions of section 90 (2) and (3)(a)(d)and(h) of the Local Government Act, 1999, an order be made that the public with the exception of the Chief Executive Officer, General Manager Environment & Community Services, General Manager Infrastructure & Corporate Services, Minute Secretary and representatives of the Eastern Health Authority and Norman Waterhouse be excluded from attendance at the meeting in order to receive, discuss or consider in confidence: (a) information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead); (d) commercial information of a confidential nature (not being a trade secret) the disclosure of which— (i) could reasonably be expected to prejudice the commercial position of the person who supplied the information, or to confer a commercial advantage on a third party; and (ii) would, on balance, be contrary to the public interest; and (h) legal advice. H:\Reports\Council\2005\25 Oct 05 - order to exclude.doc City of Prospect
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